144447 geaai ball.b(cal) advocate - sarthac

144447 geaai

B.A.LL.B(Cal) Advocate

High Court, City Civil Court Calcutta

& Wakf Tribunal, West Bengal City Civil Court Bar Association, 2nd Floor

Chamber:

16, Lenin Sarani, (Dharamtala Street), Kolkata - 700013

Mob : 7278684151113017842812 E-mail : [email protected]

Monday to Friday - 6 PM to 10 PM Saturday & Sunday by Appointment Only.

Ref. No

Date

10.05.2021

To 1. The Learned Government Pleader,

High Court, Calcutta.

2, The Superintendent of Police, South 24-Parganas, Office at Baruipur, Post Office & Police Station — Baruipur, District South 24-Parganas, Pin — 700144;

3. The Additional Director General of Police (Law & Order), office at 325, Sarat Chatterjee

Road, Shibpur, Howrah — 711102;

4. The Inspector-in-Charge, Sonarpur Police Station, Office at 10, Sonarpur Station Road, Sonarpur Bazar, Milan Bengal, Kolkata — 700150;

5. Snigdha Roy @ Ghosh, wife of Indranil Roy, presently residing at Premendra Pally, Baikunthapur, Post Office — Rajpur, Police Station — Sonarpur under Sonarpur Municipality, District South 24-Parganas, Pin — 700149 as well as paternal house at Village — Boinchi, Post Office — Boinchi, Police Station — Panduah, District — Hooghly, Pin

— 712134

6. Samir Kumar Gliosh, son of unknown, residing at Village — Boinchi, Post Office — Boinchi, Police Station — Panduah, District — Hooghly, Pin — 712134

Re: W.P.A. No. 1043 1"of 2021 Ineranil Roy

... Petitioner

- Versus The Sate of West Bengal & Ors.

...Respondents

Sir/s,

Enclose please find herewith the copy of the Writ Petition alongwith all annexure

which will be moved before the Hon'ble Justice Sekhar B. Saraf on / 05.2021 and/or when

the business of the Hon'ble Court permits.

Thanking you,

Yours faithfully,

Advocate

Enclo: As stated above

II

DISTRICT: SOUTH 24 PARGANAS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A.No.•\ \A of 2021;

In the matter of:

An application under Article 226 of the

Constitution of India;

And

In the matter of :

Subject matter relating to:

Residuary under Group- IX,

Head - of the Classification List.

Cause title Indranil Rpy

...Petitioner

- Versus -

The State of West Bengal & Ors. Respondents.

Advocate-on-Record

g •

NIUNSHI ASHIQ ELAHI Advocate

High Court, Calcutta Chamber - 16, Lenin Sarani, Kolkata - 700013 Mob: 8017842812 Email Id:- munshiashic942gmail.com

mulcherjeea2471agmail.com

II




APPELLATE SIDE

W.P.A. No. of 2021;

In the matter of:

An application under Article 226 of the

Constitution of India;

-And-

In the Matter of

Indranil Roy

... Petitioner

- Versus -

The State of West Bengal & Ors.

.... Respondents

INDEX

SI.No. PARTICULARS OF DOCUMENTS ANNEXURE PAGES

1. Application 1 to

2. Photocopies of the plaint in

connection with the MAT Suit

No.403 of 2021

"P-1"

I 5

,4„2,(77

3. Photocopies of the representation

dated 30.04.2021 and postal

receipts and track reports

"P-2"

CJ ((1)

18.07.2014 :

19.01.2016 :

22.12.2016 :

III

LIST OF DATES

The marriage between the parties were

registered.

The marriage ceremony was duly solemnized.

The male child was born in their married wed

lock.

.04.2021 : The petitioner filed the MAT Suit for

dissolution of marriage on the ground of

cruelty.

: The petitioner has informed the

Superintendent of Police regarding the

criminal action of the respondent No.5 and 6.

30.04.2021 : The petitioner submitted the representation

as well as complaint before the concerned

police authority to treat this complaint as FIR

and to remove the respondent No.5 and 6

from the matrimonial home of the private

respondent No.5.

: Hence, this writ petition.

IV

POINTS OF LAW INVOLVED

WHETHER the inaction of the police authorities from

ensuring the petitioner's peaceful life at the exclusion of

the physical and mental torture of the respondent No.5

and 6 is justified under the law?

II. WHETHER the inaction of the concerned police authorities

from removing the respondent No.5 and 6 from the

matrimonial .home of the respondent No.5 to save the

petitioner from the proposed criminal cases inflicted by the

respondent No.5 and 6 is sustainable under the law?

WHETHER the inaction of the concerned police authorities

from initiating any criminal proceeding against the

respondent from committing cognizable and non bailable

offences?




APPELLATE SIDE

W.P.A. No. of 2021

In the matter of:

Indranil Roy

....Petitioner

-Versus-


.... Respondents

SHORT LIST OF DATES

18.07.2014 : The marriage between the parties were registered.

19.01.2016 : The marriage ceremony was duly solemnized.

22.12.2016 The male child was born in their married wed lock.

.04.2021 : The petitioner filed the MAT Suit for dissolution of

marriage on the ground of cruelty.

: The petitioner has informed the Superintendent of Police

regarding the criminal action of the respondent No.5 and

6.

30.04.2021 The petitioner submitted the representation as well as

complaint before the concerned police authority to treat

this complaint as FIR and to remove the respondent No.5

2

and 6 from the matrimonial home of the private

respondent No.5.

: Hence, this writ petition.

SYNOPSIS OF THE CASE

Petitioner is the husband of private respondent being private respondent No.5 and due

to ill treatment and unbearable mental and physical torture unable to stay with the

private respondent No.5 and apprehending that the petitioner may be entangled in a

false criminal case on the basis of the repeated threatening of the private respondent

No.5 and 6 unless the concerned Police is directed to ensure the peaceful life of the

petitioner at the exclusion of the physical and mental torture of the private respondent

No.5 and 6 also upon removing the private respondent No.5 and 6 from the

matrimonial home of the private respondent No.5, the petitioner will have to suffer

several false criminal charges on the basis of the complaint of the same private

respondents. In the above situation the petitioner has come before this Hontble Court.

DISTRICT: SOUTH 24-PARGANAS

IN THE HIGH COURT AT CALCUL IA


APPELLATE SIDE

W. P. A. No. .\,0 OF 2021;

In the matter of:

An application under Article 226

of the Constitution of India;

And

In the matter of:

Indranil Roy, son of Late

Dhananjay Roy, residing at

Premendra Pally, Baikunthapur,

Post Office - Rajpur, Police

Station Jr- Sonarpur under

Sonarpur Municipality, District

South 24-Parganas, Pin -

700149;

tioner

- Versus -

1. The State of West Bengal,

service through the Secretary,

Department of Home, Nabanna,

Howrah- 711101.

2. The Superintendent of

Police, South 24-Parganas, Office

at Baruipur, Post Office & Police

Station - Baruipur, District

South 24-Parganas, Pin

700144:

3. The Additional Director

General of Police (Law & Order),

office at 325, Sarat Chatterjee

Road, Shibpur, Howrah

711102;

4, The Inspector-in-Charge,

Sonarpur Police Station, Office at

10, Soriarpur Station Road,

Sonarpur Bazar, Milan Bengal,

Kolkata - 700150;

5. Snigdha Roy @ Ghosh, wife

of Indranil Roy and daughter of

Samir Kumar Ghosh, presently

residing at Premendra Pally,

Baikunthapur, Post Office -

Rajpur, Police Station - Sonarpur

under Sonarpur Municipality,

District South 24-Parganas, Pin -

2

3

700149 as well as paternal house

at Village - Boinchi, Post Office -

Boinchi, Police Station -

an Pduah, ', District - Hooghly, Pin

- 712134;

6. Samir Kumar Ghosh, son of

unknown, residing at Village -

Boinchi, Post Office - Boinchi,

Police Station - Panduah, District

- Hooghly, Pin - 712134.

Respondents

To

The Hon'ble Rajesh Bindal, (Acting) chief Justice and His

Companion Justices of the said Hon'ble Court.

The humble petition of the

Petitioners abovenamed most

respectfully -

SHEWETH:-

1. That your Petitioner is the Citizen of India and has been

permanently residing at address mentioned in the Cause Title

hereinabove.

2. That your petitioner states that petitioner is the husband

of private respondent being private respondent No.5 and due to ill

4

treatment and unbearable mental and physical torture unable to

stay with the private respondent No.5 andtapprehending that the

petitioner may be entangled in a false criminal case on the basis of

the repeated threatening of the private respondent No.5 and 6

unless the concerned Police is directed to ensure the peaceful life of

the petitioner at the exclusion of the physical and mental torture of

the private respondent No.5 and 6 also upon removing the private

respondent No.5 and 6 from the matrimonial home of the private

respondent No.5, the petitioner will have to suffer several false

criminal charges on the basis of the complaint of the same private

respondents.

3. That your petitioner further states that the petitioner is a

Branch Manager of Punjab National Bank, Harinavi Branch. The

marriage ceremony between the petitioner and the private

respondent No.5 was solemnized on 19.01.2016 though the registry

was completed as on 18.07.2014 as per the Special Marriage Act.

After marriage both the petitioner and the private respondent No.5

started their conjugal life at the address mentioned above and in

their married wedlock a male child was born on 22.12.2016 namely

Snigdhonil Roy, at present 4 years old and is in custody of the

petitioner. Immediately after marriage the private respondent No.5

started to misbehave with the petitioner and with the mother of the

petitioner who is the mother in law of the private respondent No.5.

5

4. That your petitioner further states the private respondent

No.5 habitually used to misbehave with the petitioner and on several

occasions the private respondent No.5 also generally used filthy

languages towards the petitioner and her mother in law. The private

respondent No.5 also in front of the neighbours insulted the

petitioner and on several occasions destroyed the valuable articles.

The private respondent No.5 without any intimation has removed

the gold ornaments from her matrimonial home to another unknown

place and also removed the ornaments gifted by the relatives of the

petitioner. Frequently the private respondent No.5 used very slang

language and perpetrated physical haras'Sment and on several

occasions assaulted the petitioner and his old mother which makes

the petitioner's life hell. The Private respondent No.6 is the father in

law of the petitioner. The Private respondent No.6 frequently come to

his daughter's matrimonial home and abates the private respondent

No.5 to torture the petitioner and also the private respondent No.5 in

connivance with her father several occasions assaulted the petitioner

in front of his neighbour and maid servant

5. That your petitioner further states that some times the

torture of the private respondent No.5 has4reached to the limitless

and the petitioner is unable to stay with the private respondent No.5

for single movement. Having no other alternative, the petitioner has

filed a Suit for Dissolution of marriage under Section 13(1)(ia) of

Hindu Marriage Act, 1955 before the Learned District and Sessions

6

Judge, Baruipur being MAT Suit No.403 of 2021 and is pending on

the ground of cruelty.

Photocopies of the plaint in connection with the MAT Suit

No.403 of 2021 are annexed herewith and marked as annexure "P-1"

collectively.

6. That your petitioner further states that the petitioner

subsequently submitted a representation before the Superintendent

of Police alleging the above mentioned criminal action perpetrated

upon the petitioner and on 30.04.2021 the petitioner again informed

the Inspector in Charge and Additional Director General of Police

(Law & Order) stating the facts and unbearable life of the petitioner

due to inhuman torture of the private respondent No.5 and

requested to take steps against the private respondent No.5 and also

to remove the private respondent No.5 from her matrimonial home

for ensuring the peaceful life of the petitioner.

Photocopies of the representation dated 30.04.2021 and

postal receipts and track reports are annexed herewith and marked

as annexure "P-2" collectively.

7. That your petitioner further states that the respondent

No.5 and 6 frequently threatening the petitioner herein that the

petitioner will be entangled in the false criminal case of alleged

torture upon the respondent No.5 and also threatening the

petitioner to put him behind the bar.

8. That your petitioner further s that the petitioner is a bank

employee and in presence of his colleagues the respondent No.5

always trying to look down upon the petitioner and at present the

petitioner is unable to stay with the respondent No.5 in the same

roof due to physical torture of the private respondent No.5 and 6.

The private respondent No.5 frequently is biting their minor baby

mercilessly which may amounts to infliction of serious injury to the

son of the petitioner.

9. That your petitioner states that lastly on 05.04.2021 the

wife of the petitioner went to an unknown place without intimating

the petitioner and returned back on 09.04.2021. Still this is

unknown to the petitioner the where about of the respondent No.5 in

those 5 days and the petitioner on being asked the respondent No.5

raised voice and shouted to entangle him in the false criminal case.

10. Unless and a specific criminal case is started against the

respondent No.5 and 6 a police assistance is rendered to remove the

respondent No.5 and 6 from her matrimonial home, your petitioner

will suffer irreparable loss and injury.

11. Being aggrieved by and dissatisfied with the impugned

inaction of the police authorities from initiating any criminal

8

proceeding against the private respondent No.5 and 6 and remove

the private respondent No.5 and 6 from the matrimonial home of the

private respondent No.5 to save the petitioner from false implication

in a criminal case, your petitioner begs to move this application on

the following amongst others:-

GROUNDS

FOR THAT keeping the private respondent No.5 in her

matrimonial home is amounts to inflicting of mental and

physical torture upon the petitioners which can not be

permissible under the law.

II. FOR THAT peaceful life of the petitioner at the exclusion of

the mental and physical torture of the private respondent

No.5 is the fundamental right of the petitioner.

FOR THAT the inhuman torture and adamant life of the

respondent No.5 should not be permissible in the house of

her matrimonial home and the petitioner needs a peaceful

life at the exclusion of mental and physical torture in the

hand of the respondent No.5 and 6.

IV. FOR THAT the petitioner should not be place under the

apprehension that he may be entangled in a false criminal

case at the behest of respondent No.5.

9

V. FOR THAT respondent No.5 and 6 being a wife and father

in law have not obtained any license to inflict mental and

physical torture upon, the petitioner and the law should

not be inactive to take its own course to protect the

petitioner.

VI. FOR THAT the petitioner being the law abiding citizen has

a right of peaceful life at the exclusion of physical and

mental torture perpetrating the respondent No.5 and 6.

VII. FOR THAT the inaction of the police authorities from

taking any steps against the respondent No.5 and 6 is

unlawful and violation of the law of the land.

VIII. FOR THAT the respondent No.5 and 6 being committed

non cognizable and cognizable offences should liable to be

entangled in the criminal proceeding without interference

of the Court.

IX. FOR THAT the concerned police authorities have failed to

discharge their duties protecting the petitioner's peaceful

life and the Writ Court has the jurisdiction to direct the

local police authorities to take steps against the

respondent No.5 and also to ensure the petitioner's

peaceful life.

10

14. Unless a mandatory order or direction is passed directing

the police authorities to ensure the petitioner's peaceful life and to

remove the respondent No.5 and 6 from the matrimonial home of the

private respondent No.5 from false implication of the petitioner in

the proposed criminal case and to save the petitioner from the

physical and mental torture in the hand of the respondent No.5 and

6, your petitioner will suffer irreparable loss and injury.

15. That there is no specific speedy remedy lies else where and

the remedy sought for herein would be completed and effective if

granted otherwise your Petitioner will suffer irreparable loss and

injury.

16. That your Petitioner is not guilty willful latches and/or

negligence is moving this application before this High Court.

17. That no other Court was moved on the same cause of

action which is agitated in the instant writ petition and office of the

respondent are situated outside the original jurisdiction of this

Hon'ble High Court.

In the aforesaid facts and

circumstances Your Petitioner

most humbly pray that Your

Lordship would be graciously

pleased to issue;

a) A writ in the nature of

Mandamus commanding the

concerned respondents being

respondent Nos.2, 3 and 4 to

ensure petitioner's peaceful life at

the exclusion of the mental and

physical torture of the

respondent No.5 and 6 by

removing the respondent No.5

and 6 from the residence of the

petitioner" to save the petitioner

from false implication of

proposed criminal charges;

b) A writ in the nature of

Mandamus do issue commanding

the Police Authorities to initiate a

criminal case against the

respondent No.5 arid 6 for

perpetrating the physical and

mental torture upon the

petitioner;

c) A writ in the nature of

Prohibition restraining the

private respondent No.5 and 6

12

from disturbing the petitioner's

peaceful life at the above

mentioned address at the

exclusion of the physical and

mental torture inflicting the by

the respondent No.5 and 6;

d) A writ n the nature of

mandamus directing the

concerned& police authorities to

treat the instant complaint dated

30.04.2021 as FIR against the

respondent No 5 and should take

steps to investigate the criminal

proceeding and to file Charge

Sheet as expeditiously as

possible;

e) Rule NISI in terms of

prayer (a) (b), (c) & (d) herein;

f) An interim order of

direction directing the Police

Authorities or any other

responsible authorities to

conduct an enquiry on the basis

13

of the complaint filed by the

petitioner and to ensure the

peaceful life of the petitioner's

during the pendency of the writ

petition;

g) Any other further order or

orders as to Your Lordships may

seem fit and proper;

And Your Petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, Indranil Roy, son of Late Dhananjay Roy, aged about 33 years, by

faith - Hindu, by occupation - Service, residing at Premendra

Baikunthapur, Post Office - Rajpur, Police Station - Sonarpur under

Sonarpur Municipality, District South 24-Parganas, Pin - 700149,

hereby solemnly affirm and say as follows :-

1. That I am the Petitioner herein and as such well

acquainted with the facts and circumstances of the above case.

2. That the statements contained in paragraphs Nos. 1 to LE

are true to my knowledge and those contained in paragraphs

-l`dedio- are my humble submissions before this Hon'ble Court.

Prepared in my office The deponent is known to me

M 0 Va3 Af-e-gdrt- Advocate Clerk to Mr.

Advocate

Solemnly affirmed before me

On this day of May, 2021

COMMISSIONER

I certify that all the Annexures are legible

Advocate

District — South 24 Parganas,

in the Court of The Ld. Additional District and Sessions Judge at Baruiper.

Ref t MAT SUIT NO /2020

In the matter of an application under section

13(1)(ia)of the Hindu Marriage Act,I955 for

the decree of dissolution of marriage.

AND

[n the matter of :-

ENDRANIL ROY (33),

S/0 — Lt Dhananjoy Roy

Of — Premendra Pally, Baikanthapur

P.O. —Rajpur

P.S. Sonarpur

DISTRICT — South 24 Parganas, Cq-671(14

• PEITFIONER/HUSBAND.

- VERSUS —

SNIGIMIA ROY (GHOSH) ( )

W/0 — Indrand Roy

D/0 — Samir Kumar Ghosh

Of— Premendra Pally, Baikanthapur

P.O. —Retipur

P.S. Sonarpur

DISTRICT — South 24 Parganas,

The humble petition on behalf of the above

named Petitioner/Husband.

Most irespect fuolly sheav h

t. That, the Petitioner is a citizen of India by birth and/or governed by Hindu Law and

permanent residents under the proper Jurisdiction of Your Honour's Court.

- 2. That, the Respondent is the legally married wife of Your Petitioner and the said marriage

was solemnized on 19/01/2016 according to the Hindu rites and customs and the valid

registration took place on 18/07/2014 at P.0.-1- Boinchi P.S. Pandua Dist: Hoogly ,

the Paternal house of the R*ondent/Wife.

3. That, the marriage between the' parties were negotiated one, hence no kind of cash or

dowry were claimed or given between the parties and Your Petitioner and his parents

welcome their newly married bride with their warm welcomes.

4. That, after marriage the petitioner and the Respondent started to live their conjugal life at

the Petitioner's paternal house at Premendru pally,Baikanthapur,P.O. — Rajpur,P:S.

Sonarpur Uttar Ghatak Pulsar, District — South 24 Parganas,which is within Your

Honour's jurisdiction.

5. That, after few months of marriage the Respondent started to behave in ill manners with

Your Petitioner and his family members. Your Petitioner thought that after getting a child

everything will be fine.'

6. That, out of the matrimonial relation the Respondent gave birth to a male child namely

Snigdito nil Roy aged about 04 years i.e. DOB — 22/12/2016 now in the custody of both of

your petitioner.

3

7. That, Your Petitioner's parents and Your Petitioner realized that, she was so arroggnt and

reluctant to do the house hold works. Your Petitioner has spent many daysyath starved

condition and sleepless nights, respondent used to behave in very arrogant manner with

filthy languages. Your petitioner has tried to convince her but she refused to keep her own

words. Your petitioner tried to convince her that, being.a responsible wife she has some

sort of duties which she must perform to make a healthy conjugal life with his husband,

but in-spite of such earnest requests the respondent did not show any interest to Your

Petitioner and his family. She is a quarrelsome lady and she has no iota of love for the

husband. She only need a lot of money to live an expensive and cosy lifestyle.

8. That, the respondent used to go to her Paternal house or any where else without informing

anybody of Your Petitioner's house, whenever Your Petitioner asked about those

irresponsible behaviour the Respondent told to Your Petitioner that it is none of his

business, it's her life she will do everything whatever she wants.

9. That, the Respondent did not take care of her old Parent-in-law and did not serve food to

them and did not help her mother-in-law for household work in any way.

10. That each and every step the respondent blackmail your petitioner by taking suicide

attempt and disclosed before your petitioner that if your petitioner did not follow her

instruction, she will take the same step again and all the time the respondent take away

your petitioner son out of residence without your petitioner's permission and even after

making several phone cad by your petitioner the respondent denied to disclose her

location that where she has gone.

I I. That, Your Petitioner is a very social, peace-loving and kindhearted person and he can

never accept an88 kind of embarrassing situation in his family so he always tried to console

his family and requested them to adjust with the Respondent as she needs tender care and

fate that the family of Your Petitioner was failed to convince the Respondent to lead a

happy and peaceful life.

12. That, on 24/03/2019 at about 10100 am the respondent made massive quarael with Your

Petitioner and his family members with a demand to stay at another place and made

abusive with filthy languages, when she hasn't got any response , she disclosed that she

will breakdown your petitioner social prestige by,makirig nuisance at his office and even

she will tag your petitioner- in several false cases.

13. That, the petitioner inform the matter to the local sonarpur P.S in written and all the

higher authorities but unfortunately till date no action taken by any of the authority.

14. That, your petitioner all the tithe disclosed all the facts to the respondent'S parents but as a

replied your petitioner found that the parents of the respondent are totally involved with

the conspiracy of the respondent.

15. That, ultimately the social prestige and reputation of Your Petitioner smashed into debris.

16. That, Your Petitioner tried repeatedly to make good relationship with the respondent but

all efforts has -gone in vein.

17.That, as legally married wife the respondent should live with the petitioner and lead a

happy conjugal life and maintain nurtured the petitioner and minor children with love

affection and care, but being a wife and mother she was extremely cruel and rude to Your

Petitioner and as Your petitioner does not earn a lot of money, the Respondent never

showed proper honour or affection Or love to Your Petitioner.

18.That, the petitioner, being married, has been treated with cruelty by the Respondent and as

a result he is suffering from depression and frustration for the lack of company of his wife

and living single life and has been losing attention upon his health and depriving the

1-11.:10P nf -1/1

5

19. That, the cause of action for the suit arose on 24/03/2019, the date of marriage from

when the cruelty upon Your Petitioner by the Respondent was started and thereafter day

by day- 6 II today when the respondent still living under the same roof with ypur petitioner

till now and lastly on 04/04/21 again the respondent shouted over your petitioner and

threatening for more demand and again 05/04/21 the respondant left the residence along

with her son without inform your petitioner and return back on 09/04/21 and till date your

petitioner did not came to know where the respondent passed that 4 days.

20. That, the cause of action arose at Premendru pally,Baikanthapur,P.O. — Raipur,P.S.

Sonarpur , District — South 24 Parganas,at the house of the Petitioner, where both the

parties lived there conjugal life and till resided together, which is within the jurisdiction of

Your Honour's Court.

21. That, the fixed court fees is paid Rs.100/- for the purpose of the pecuniary jurisdiction and

court fee.

22. That Your petitioner is not able to continue such acts of the respondent and he thinks that,

it is not possible 'for him to continue or maintain the matrimonial tie any more.

23. That, there is no collusion with the respondent in this petition.

24. Thal, Your petitioner accordingly prays ror relieves :-

a. For decree of divorce,

b. For costs,

c. For such other relief or relieves which is the

petitioner is entitled to in law and equality.

And for thisact your petitioner as in duty bound shall ever pray.

Very/Icaifoi

I. h:dranil Roy ( ),S10 — Lt Dhananjoy Royi by Faith- Hindu, By Occupation-

service OF Premendru pal ly,Baikanthapur,P.O. — Rinpur,P.S. Sonarpur , District — South 24

Parganas, do hereby solemnly affirm and declare as follows:

I am the petitioner above-named and I know and I have made myself acquainted

with the facts and circumstances of this case.

h. The statements in paragraphs I to 24 are true to my knowledge and belief

c. I sign this verification on this day of April 2021 at the Court House at

Baruipnr.

.270)(41 7

DEPONENT

AFFIDAdtT

I. I, lifer:Anil Roy • ( ),SIO — Lt Dhananjoy Roy, by Faith- Hindu, By Occupation-

service OF Premendru pally,Baikanthapur,P.O. — Rajpur,P.S. Sonarpur District— South

24 Parganas, do hereby solemnly affirm and declare as follows:

a. I am the petitioner above-named and I know and I have made myself acquainted

with the facts and circumstances of this case.

b The statements in paragraphs 1 to 24 are true to my knowledge and belief.

c That I am an Indian citizen by birth.

I sign this affidavit on this day of April 2021 at the Court House at

Baruipur.

1 do hereby put my signature on my own accord and free will.

DEPONENT

egir

READOVER, EXPLAINED AND

IDENTIFIED BY:

ADVOCATE

VAKALAT1VANIA .

In the Court of

Suit I Case. No,

Vs.

Petitioner / Complainant

Opposite Party / Accused

KNOW ALL MEN by their present that

Do hereby constitute and appoints the undermentioned Advocate / Pleaders Vakil. Jointly are each of them severally of to be pleaders of MY/US and on MY / OUR behalf appear for ME/US in the above case and to take such steps and proceeding as may be necessary OR MY/OUR behalf and for that purpose to make sign verify present all necessary petition writing statement and other document and nominee and .appoints or retain senior Councils, Vakils, Advocates and other persons, lodge and deposit money and documents and others papers to Court and the same again to withdraw and to take out of Court and to obtain or grant as the case may be effectual recepit and discharge for the same and for all moneys which may be payable to ME/US in the premises. We enter into compromise with MY/OUR approval and withdraw, all moneys from the Court : AND GENERALLY to act the premises and proceeding arising there out whether by way of execution review appeal or otherwise in any manner contested there with as effectionally and all intimates and purpose as I / WE could act if personally present and ALSO for alt and of the purpose aforesaid appoint a substitute or substituter and as pleasure to revoke I/We hereby retaining and agreeing to confirm whatsoever may be lawfully done by visit hereof : IN WITNESS WHEREAS this Vokalatname has been filed by ME/US.

This day of 202 been executed

Sree Sree

Apurba Kumar Thakur Md. Abdul Momen Haider Akram UI Alain Abdur Roup Molla Abhijit Ghosh Antara Shar „ Apurba Monde! Abdur Rashid Khan Abdur Razzak Khan

Md. Abdul Wohab Gazi Akramul Haque Baidya Ashan Sardar Atashi Haider (Saha) Ashok Das Ashutosh Manta'. Amiya blonder Av'it Haider Apurba Kumar Sautya

Avik Banerjee Ajay Chakraborty. Asmina Yasmin Md. Anarul Laskar Biswajit Pal Bieekananda Haider Basudev Mondal (Ch.) Bazlur Rahman Basudev Mendel (J) Race Hp" NAnnrIal (K\

Biplab Ray Mondal Biplab Kumar Mondal Chandan Das Chitrita Purkait Debasis Moeda! Debasmita Bhattacharya Debabrata Chakrabony Dipankar Mondal Dine,sh Ch. Naskar

i-Z13;:rmite,

(ay Gm' npq No -S,U) a5

aaa-na2 knuY

lj

23 Drip Kumar Manic

Dibeyendd Prosad Mondal Debayan Dey Drip Kumar Mendel Dipak Roy. Dibakar Mondal Diptumita Haider Debojyoti Das

.Dibyendu Masker Gezi Nurui Islam Copal Biswas Copal Glkosh HarasitMondal Hafizur Rahman Harisankar Chakraborty HanifAli Molls] Hazi Joynal Abedin Ismail Haider I mrana Pamin Jyoti Prakash Mandel jayatish Biswas Jahar Lai Puckett Jharna Chaitraborty Jayprakash Gupta Kamal Sardar Krishnadas Mendel Kazi Kabir Hossein

Kabir UddIn Kalyan Chatterjee Krishna Pada Saha Kazi Mebbaddin Ahmed Lilanioy Mondal atm@ Mondal Mosarraf Hossain Khan • Mosharrar Hossain Mode Manab Kr. Sarkar Masten Hassan Mir Samima Sultana Mritunjoy Naskar. Md. Sahinur Islam Mukti Ranjan Mitre Miners Khatoon MeherAbruj Mina Masker Mahasin Matta

Ikloumita Das (Paul) relonaksa Banerjee Mousumi Sardar MST. Saleha Khatoon Naba Goisal Ganguiy Narayan Das Niranjan Kayel Nitankar Gotta Eanik Ncipati Maiya Nita: Ch. Mahatma Nilima Dehnath Niranjan tkisvisas Najmu I Khan Gma rAli Laskar Pradip Des Khan Pralay Shankar Dhar Pradip Kumar Haider Priyabrata Biswas Pinku Ghesik Pankaj Kr. Mondai Prasanna Sardar Prater Gayen Pradip Kr. Dasgupta Pradip Mondal (Oh) Pravati Nastcar(Mondal)

. Prosanta Kr. Sardar Parimal Kr. Masker Partha Prarnanik Pradyut Kr, Mostar Puspa Mondal Pritarn Panda Pankaj Deb Palash Mondal Pritilata Marty Prabir Mondal Rajib Sinha Ratzeinatulta Md. Rafiuddin Laskar Ranajit Naskar Ramkrishna Kundu Rakesh Shosh Runt: Raj Mendel Ratlkindra Neth Naskar Kabindranath Biswas Rani [vestry

Raja Das Ranee Kundu Raja Ram Mondal Rine Fielder Kariqui HaSsen Sangita Chowdhury SabirAli Melia SajahanAll tek. Sabira Islam Sujauddin Sk. Sanat Purkait Sankar Sardar Shrabani Jana (Maity) Suphal Kumar Mendel Md. Sahabuddin Md. Sanatilla • Susi-Ilea Mondal (Dhali) SudeshnaAuddy (Dey) Soumitra Adhilzanz Saladul Hague Mandel

• Sunk Kumar Dam SkSoban Ali Soupdk Pada Sunil Das Sahara° Ali Sardar Subir Bhattacherjee Subrata Biswas Sudip Mukherjee Santanu Mondal Salyabrata Mondal Seuray Mondal SOLIMaa Biswas Sournya Sen Mazumder Sornnath Mukherjee Sanjoy Sarkar Sajal Mondal Supratim Ghosh Shyamal Kanti.Das Samir Ch. Sit@ Math Pal SamsulAlam Sudipta Mistry Sandip Pal Sunil Kumar Sardar Somnath Mistry

ShakilAhMed Sk. Yeakub Ali Samik Bagchi Sudipta Kahali

.Sudipe Biswas Shibendra Nath Jagulia Sailitye Chakraborty Shibnath Adhj ari Sanjib She. zar Majzimder

Siddhartha SanderRoy

SeokatAli Sane Sohini Chaudhuri Subir Ranjan Chakraborty Sudipta Sanfui Susmita Haider Swapan De Chaudhuri Swapan KLIMarGhosh Shristidhar Mondal Sujit Mandal Sujauddin Sic. Soumyadeb Dutta Sourav Purkait Sujit Manna Saikat Chhatui Sudipta Mondal SamirMistri Saharior Flame Swapan Kumar Roy TamalChakraboey Tapan Mondal Tapan ]Kr. Naskar Tamal Banerjee Tarun Kanti Hazra Tapas Mondal Tapash Ghorui Tanusree Chatterjee Utpal Gayen Utpal Kumar Sen retain Kumar Pakrashi Uttam Gayen Zinna Ali Laskar

RECEIVED Vakatainanna from the executant lexecutanis, seen, verified, and accepted

by me/us.

Dale Advocate

Brief Cover

VS. ORDERS

fdi en 0;11 Brief for Pleader ra z STAMP VENDOR

n ..,.flu g, enn erne TIO'T

Advocate

hi. the Court oir

Suit / 10-1 Appeal No a- of 20), /

Client's Name & Address :

n F. LIVILCIVIE,C s..

Oats Ins tution Before GI. b.d , of S of 0 vn--Audge Munsif

Decreed on Tinduni/CL /EC/ PM.

5727' 01/02. Roo. (BenHosid-- 7 Defdi.

/ iOpp. Pang/ Pespdl,

Dates

Afterjudgement proceedings :

Bloc

Dismissed Applicant /Appellant

97(21014

Date : 30.04.2021

To

The Inspector-in-Charge, Sonarpur Police Station, 10, Sonarpur Station Road, Sonarpur Bazaar, Milan Bengal, Kolkata - 700150

Re : The application against the unlawful harassment and alleged perpetrated criminal action of my wife Snigdha Roy @ Ghosh, daughter of Samir Kumar Ghosh at present residing at Premendrapally, Rajpur Sonarpur Municipality, Police Station — Sonarpur, District South 24-Parganas, Pin - 700149 upon the members of her matrimonial home

Respected Sir,

I, Sri Indranil Roy, son of Late Dhananjoy Roy, at present residing at

Premendra pally, Baikanthapur, Post Office - Rajpur, Sonarpur Municipality,

Police Station — Sonarpur, District South 24-Parganas, Pin - 700149, is a lawful

and peace loving citizen of India and residing in the address mentioned above.

My registry marriage with Snigdha Roy took place on 18/07/2014 and my

marriage ceremony with Snigdha Roy @ Ghosh was solemnized on 19.01.2016

and I alongwith my wife started our married conjugal life in the residence

mentioned above. But immediately after marriage my wife Snigdha Roy @

Ghosh started to mis-behave with me and my parents and on protest she

habitually used filthy language towards me and my parents. She always insults

my mother infront of neighbours and also destroyed our so many household

articles and removed the valuable articles and gold ornaments to the unknown

place from her matrimonial home. My wife also has removed the gold

ornaments which were gifted by the members of her matrimonial home from

her matrimonial home. Frequently she used very slang languages and

perpetrated physical harassment and some times assaulted me in presence of

my parents.. I am a government employee and in presence of the others she

used to mis-behave with the filthy languages. Recently the mental and physical

torture of my vv.!ki very unbearable and having no other alternative

remedy I have filed a suit for dissolution of marriage pending before the

Learned Additional District & Sessions Judge, Baruipur. She always is a hunger

of money and raised unexpected demand which are beyond of my permissible

2

limits. On refusal she used to assault my minor child mercilessly and created a

dramatic situation. Unless she is removed from my house with the assistance of

the concerned police, I am apprehending that I may loose my minor child due

to the arrogant attitude of my wife. Recently on 05.04.2021 my wife alongwith

my minor son went out of her matrimonial home without giving any information

and returned back from the unknown place on 09.04.2021, but on being asked

she refused her destination and also refused to disclosed of her stay in those 4

(four) days. When the members of the matrimonial home asked my wife

regarding the whereabouts of those 4 (four) days, she loudly shouted and

again used filthy languages and threatened that she will commit suicide and

entangled me and my parents in the false criminal cases on the dowry death.

Just a few months back in the month of February, 2021 my wife Snigdha, tried

to put poison in my tea with an intention to kill me, but by God's grace I had

seen her mixing the poison and refused to drink the same. In return she started

hitting me and used filthy languages. It is unable to stay with my wife and

immediately a criminal case is initiated against her for committing the

abovementioned criminal activities, we will be in great trouble and I along with

my parents are apprehending to be entangled in a false criminal cases.

Under the aforesaid circumstances I call upon you to take immediate steps by

initiating a criminal case against my wife and also removed her from. my

residential home and oblige.

Thanking you,

Copy To:- 1. The Superintendent of Police

Baruipur Police District, Kulpi Road Subuddhipur, Baruipur, Kolkata —700144

2. The Additional Director General of Police (Law & Order) 325, Sarat Chatterjee Road, Shibour, Nabanna Howrah - 711102

Yours faithfully,

•7-gCsibsoi-at

5/4/2021 Track Consignment

Sign In Register

You are here Home» Track Consignment

Track Consignment

* Indicates a required field.

* Consignment Number

EW0252092051N

Quick help

Track More

Booked At Booked On

Barabazar H 0 01/05/2021 1212:41 t Event Details For : EW0252092051N

Current Status : Item Dispatched

Destination Pincode

711102

Tariff Article Type Delivery Location

41.30 Inland Speed Post Sibpur SO

Date Time i Office Event

03/05/2021 ! 00:39:59 , ! Howrah ICH Item Dispatched

03/05/2021 00:11:45 , 1 Howrah ICH I Item Bagged

02/05/2021 20:07:41 5 Howrah ICH ' Item Received

01/05/2021 19:58:34 KOL AP TMO Item Received

01/05/2021 18:27:21 Kolkata RMS Mails TMO Item Dispatched

01/05/2021 18:18:38 Kolkata RMS Mails TMO Item Received

01/05/2021 14:11:06 Barabazar H 0 Item Dispatched

01/05/2021 14:00:01 Barabazar H 0 kern Bagged

01/05/2921 12:12:41 Barabazar H 0 Item Booked

Home

About Us

Forms

Opportunities

Holidays

Feedback

Right To Information

Tenders India

Related sites

5/4/2021

anbResta


Track Consignment


" Consignment Number

EW025209214IN

Track Consignment

Sign In Register

A 6 2nt 4.

Quick help

Track More

I Booked At Booked On ! Destination Tariff Article Type Delivery Delivery Confirmed Pincode Location On

: Barabazar H 01/05/2021 700144 117.70 Inland Speed Baruipur HO 03/05/202118:37'19 : 0 12:12:41 Post

- Event Details For : EW0252092141N

Current Status : Item Delivery Confirmed

Date Time :Office Event

03/05/2021 18:37:19 Baruipur HO Item Delivery Confirmed

103/05/2021 11:34:40 Baruipur HO Out for Delivery

' 03/05/2021 08:18:22 Baruipur HO Item Received

01/05/2021 20:02:47 KOL AP TMO Item Received

01/05/2021 18:27:21 ' Kolkata RMS Mails TMO Item Dispatched

01/05/2021 18:18.38 Kolkata RMS Mails TMO Item Received

01/05/2021 ' 14:11:06 Barabazar H 0 Rem Dispatched

01/05/2021 12:12:41 Barabazar H 0 Item Booked

Home

About Us

Forms

Opportunities

Holidays

Feedback


Tenders India

Related sites

5/4/2021 Track Consignment

0 Sign In Register

Q

snare:As


Track Consignment


* Consignment Number

EW0252092281N

Quick help

Track More I

Booked At I Booked On i , Destination i Tariff 1 Article Type Delivery Delivery Confirmed 1 ! Pincode Location On

I Barabazar H ' 01/05/2021 i 0 12:12:41

I 700150 I 17.70 Inland Speed Post

Sonarpur SO 03/05/2021 16:41:01

Event Details For: EW0252092281N

Current Status : Item Delivery Confirmed

Date Time ; Office Event

03/05/2021 16:41:01 Sonarpur SO Item Delivery Confirmed

03105/2021 ' 10:58:39 - Sonarpur SO k

Out for Delivery

i 03/05/2021 i 09:31:53 Sonarpur SO Item Received : : 01/05/2021 ' 20:02:47 KOL AP TMO Item Received

01/05/2021 18:27:21 I Kolkata RMS Mails TMO Item Dispatched

I 01/05/2021 18:18:38 I Kolkata RMS Mails TMO Item Received

01/05/2021 14:11:06 I Barabazar H 0 Item Dispatched

01/05/2021 : 12:12:41 ' Barabazar H 0 Item Booked

Home

About Us

Forms

Opportunities

Holidays

Feedback


Tenders India

Related sites

=5,i0 SPEED POST ID- 40005301;1 Contract No.-40321452

w 245 24 6 9

C l N No.

9 N 2 2

HRS GMS

No. E W ()

DATE (:) TIME WEIGHT CHARGE Rs

L SPEED F er Coue-4 OS

lliza H. olkata-700 00

' SPEED POST

ID- 4000530591 Contract No.-40321452

SPEED POST RECEIPT 5aii, No.

TO .riyargesini D,nts e /0A —7kO_ r/

;kw- o DATE SO

IME . EIGHT

CHARGE Rs

SPEED POST RECEIPT sw No.

No. BE 1 Be o NESPOIS gin— HRS HRS

9--") GMS CU 00 Iffittittlza H. Kelkata-700 107

L SPEE er Cede-4

• o readER

PIN LL_Li_l_LI 1 muimum

14/C— IL( •

ID- 4000530591 SPEED POST Contract No.-40321452

DATE So/ y/-ii TIME . HRS ESN L SPEED WEIGHT 2-0 GMS Customer Cede-ill CHARGE Rs. Tr-- B O./4416v ' r H

Kolkata-700 I

TO —Ike

43u 20 I.L. IV. )-- /47 7 l L

TEL . spiNim NIENIIIIMAIIIIIIMIMMEI-

• • y d

SPEED POST RECEIPT

Bill No.

TO

° ,..5 0 'ft , r'14 p s o-4,--A "on,. /2_421,.. 14/ — 7 ID

Oa PIN

Mi•TMEllin P.O. Ai -- 74 •



CONSI ITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A. No. J b "2,0f 2021;

In the matter of:

An application under Article 226 of the Constitution of India;

And In the matter of: Indranil Roy

Peti oner

- SUS -


Respondenis

WRIT PETITION

MUNSHI ASHIQ ELAHI Advocate

High Court, Calcutta Chamber - 16, Lenin Sarani,

Kolkata - 700013 Mob: 8017842812

Email Id:- munshiashig9-ragmail.com mukherieea247(@,gmail.corn

144447 geaai ball.b(cal) advocate - sarthac

Documents